CLIENT OBLIGATIONS
1. Indicate any obstructions to work, such as fences, tree roots, sprinkler lines, sprinkler heads,
utility lines, encroachments, invisible fence, buried cables, buried rock, tree stumps, septic tanks
or other obstructions.
2. Provide access to the job site and all work locations and provide material staging area.
3. Provide Brickworks access to electricity and water as needed to complete the work.
4. Remove anything that might fall or break from shelves or walls both outside of house and inside
if work is being performed outside adjacent wall. Clear all working areas including stored items
in garages and furniture on porches patios etc..
5. Client shall only discuss job situations with persons designated as authorized crew leader.
6. Due a daily walkthrough of job site and notify Contractor immediately of any concerns or issues.
OBLIGATIONS
1. Clear and accurate description of work to be performed.
2. Clear and accurate pricing including pricing for any authorized change orders.
3. Arrive on time or notify client of any possible delays as soon as they occur.
4. When crew arrives, do walk-around with client describing work to be performed, pointing out
any present damage and any areas of concern.
5. Install quality product for client as if it were our own house.
6. Make sure entire job site gets cleaned when construction is completed.
7. All work to be completed in a workmanlike manner according to standard industry practices.
8. BRICKWORKS is NOT responsible for the removal of dirt, roots, shrubs, brush, trees, rocks, or
other materials as may be required to be removed to complete work.
COLLATERAL DAMAGE
1. BRICKWORKS is fully insured.
2. Crews are trained to work carefully on projects to minimize damage to property adjacent to our
immediate work areas.
3. BRICKWORKS is NOT responsible for any collateral damage that may occur in the routine course
of construction. This includes possible damage to all vegetation, electrical lines, sprinkler lines,
or any underground utilities and other items that might be damaged during the course of
construction. Insurance certificates are available upon request.
4. Minor repairs may be necessary for the Client to complete upon completion of the work
performed by BRICKWORKS including, but not limited to, sod work or grass seed around or
adjacent to the edges of the new concrete work, concealed sprinkler head repairs, impressions
made by work vehicles in the lawn, etc.
SAFETY CONCERNS
1. Safety is our main concern. Please inform children of any scaffolding and or dangerous areas and
keep them away!
2. CAUTION-KEEP OUT OF REACH OF CHILDREN! Fresh mixed concrete may cause skin irritation.
Avoid direct contact where possible and wash exposed skin area promptly with water.
3. If any of the cementitious material gets into the eyes, rinse immediately and repeatedly with
cool, pure water.
4. Client is directly responsible for educating all people who may come in contact with the hazards
of cementitious material.
5. Client is responsible for keeping pedestrians, children, animals and debris away from the job site
at all times during construction.
6. It will be the sole responsibility of Client to protect the work site and the work product after the
contractor leaves the premises. Uncured concrete or mortar shall be protected by Client.
SPECIFICATIONS AND WARRANTY
1. All material is guaranteed to be as specified.
2. BPR makes no guarantees against cracks, spalling /flaking since they may develop from many
conditions outside the contractor’s control. BPR cannot be held responsible for any damage to
fresh or cured concrete or mortar due to any weather conditions.
3. No guarantees are expressed or implied unless timely payment in full has been received
including all required payments resulting from change orders.
4. Matching brick: every attempt will be made to match existing brick as close as possible. NOTE:
Many brick patterns and colors have been discontinued. Because your existing bricks have been
exposed to weather even the exact same brick may not have the same color and texture.
BRICKWORKS reserves sole discretion in determining the closest match.
5. Variations in concrete are normal and should be expected. Craftsmen create the textures in an
uncontrolled environment. Marbling and variations in concrete and occasional surface
irregularities enhance the natural appearance of the finished surface. Each project is custom
crafted and has individual characteristics. All regular flat work with the exception of garage and
interior floors will have a broom finish.
6. Newly placed concrete can be expected to crack (known as shrink cracks) within the first few
days of placement. Shrink cracks are narrow hairline cracks in the concrete caused by the curing
process. Control joints (saw cuts or hand grooved joints) encourage the shrink crack to form
along predetermined lines. Standard control joint design calls for a 8’ or 10’ grid or spacing on
driveways and a 4’-6’ spacing on walkways. While most people choose to have control joints,
they are more of an esthetic issue than a structural consideration. The steel mesh and the high
strength of the concrete we use should hold the slab together, restricting the shrink crack from
widening. Steel mesh helps hold cracks together it does not prevent them. While Control Joints
do not prevent shrink cracks, they may help hide them. Weather conditions like freeze, thaw,
rain, snow or extreme temperature variations may cause cracking and flaking in other areas.
7. BRICKWORKS warrants that any cracking in excess of 1/8” resulting from poor workmanship or
use of substandard materials shall be repaired within one year of placement. BRICKWORKS
makes no claim that cracks might not develop between joints but ensures that every precaution
is taken to minimize their occurrence by using approved methods and quality materials. It is
acknowledged and accepted that color differences may result from repairs. NOTE: BRICKWORKS
is only responsible for the repair of the warranted area. Matching colors with repair work will be
performed but is not to be expected. BRICKWORKS will have on file all colors used and will
match the existing color, but it is not expected to be a perfect match.
8. The use of deicing salts or chemicals on concrete is prohibited during the first winter including,
but not limited to, direct placement by Client or Client’s agents or autos or other vehicles that
may drip, splash or spray salts or deicing agents onto the concrete. The use of such salts or
chemicals will relieve the contractor of any responsibility for the work and void any guarantees.
9. BRICKWORKS installs concrete flatwork in accordance with the American Concrete Institute
Guidelines that are recognized as an Industry standard.
10. Repair or replacement of work under any warranty will be at the sole discretion of
BRICKWORKS.
GENERAL TERMS & CONDITIONS
These General Terms and Conditions are part of the Agreement between Contractor and Customer.
1. The Agreement: The “Agreement” consists of the Proposal, these General Terms and Conditions,
and any Change Order executed as described herein. Estimates are valid of 30 Calendar days.
2. The Work: The “Work” means the construction services described in the Proposal, and includes
all other labor, materials, equipment and services provided by the Contractor to fulfill the
Contractor’s obligations.
3. Agreement to Perform the Work: Contractor agrees to perform the Work described in the
Proposal.
4. Payment: Customer agrees to pay the Contract Sum as identified in the Proposal upon
completion of the Work. If the total contract sum of the work is not paid, contractor has rights
to lien up to 90 days from the date of work completion. A $200 fee will be added to the total
contract sum in the event of a lien and a $100 fee, in addition, will be added to the contract sum
for removal of said lien.
5. Late Fee: Customer agrees that an interest rate of 8% shall be applied to the balance of the
Contract Sum not paid when due. Payment is due at completion of project. (a 2% late fee
every fifteen days the payment is late, maxing out at 45 days for an 8% finance charge).
6. Work Funded by Insurance Payments: In the event the Work is being funded from insurance
proceeds, Contractor and Customer’s insurance company will agree upon the Contract Sum.
Customer authorizes Contractor to negotiate directly with Customer’s insurance company.
Customer also agrees to authorize its insurance company to pay Contractor directly for the
Work. Customer agrees to remain individually liable to Contractor for the Work, even if
Customer’s insurance company refuses to provide payment for the Work. If Customer’s
Insurance Company refuses to pay for the Work, Contractor may terminate the Agreement.
7. Change Orders / No Oral Modifications: Customer and Contractor agree there shall be no oral
modifications to the Agreement. Any additional work or a change to the Work, which is
requested by the Customer, or required due to the condition of the building or building code
changes, shall be performed only after a written Change Order is signed by Customer and
Contractor. Customer agrees to pay any adjustment in the Contract Sum upon execution of the
any Change Order.
8. Customer’s Insurance: Customer agrees to carry homeowner’s insurance covering the full
replacement value of Customer’s home.
9. Contractor’s Insurance: Contractor agrees that it will comply with all laws relating to Worker’s
Compensation in the State of Michigan and will carry a minimum of three hundred thousand
dollars ($300,000.00) in Commercial General Liability insurance during the Work.
10. Removal of Obstructions: Customer shall remove and replace, or pay for the removal and
replacement, of any obstruction to performance of the Work.
11. Indemnification: To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless Owner from and against claims, damages, losses, and expenses, arising out of or
resulting from performance of the Work, provided that such claim, damages, loss, or expense is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property, but only to the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they
may be liable.
12. Brickworks Guarantee – Scope: Contractor shall replace defective Work caused by Contractor’s
defective workmanship or by a defective product incorporated into the Work within one year**
after completion of the Work provided that:
**Tuckpointing and minor repairs – 1 year
**Rebuild projects porches and chimneys – 5 years
a. if the defect in the Work was caused by a defective product incorporated into the Work,
the defective product is covered by a manufacturer’s warranty;
b. the real property, upon which the Work has been performed, remains owned and in
the possession of the Customer;
c. the Work has not been the subject to an accident, acts of God, misuse or abuse;
d. the Work has not been modified, altered, defaced, or had repairs made or attempted by
others;
e. the Customer has notified the Contractor, in writing, within 10 days of discovering the
defect:
f. All chimney or vents are properly lined, meaning all HVAC vents have up to code
chimney liners installed per code and or manufacture specs
g. Any and all concrete Will only be 18-month warranty. No exceptions this includes,
chimney washouts (crowns), porch caps, porches, sidewalks, driveways, steps etc.
i. Due to product/manufacturers materials ever changing and concretes recycled
nature, Brickworks offers a guarantee on concrete (porch or chimney) subject to
re-evaluations. – If any salt or ice-melters are used; this voids all guarantees.
Also, if small chipping or spalling occurs, we will patch these areas with a surface
patch in lieu of replace slab – unless it is deemed detrimental to the entire
structure.
13. Limited Warranty – Contractor’s Rights: Contractor shall be given the first opportunity to
evaluate any allegedly defective Work. Contractor shall also have the right to refund the cost of
the Work in lieu of performing a repair or replacement and, should Contractor choose this
option, such refund will be a complete accord & satisfaction as it relates to any claim arising out
the defective work.
14. Disclaimer of all Other Warranties: Contractor disclaims any and all other express or implied
warranties except as provided herein, including the implied warranty of merchantability and
fitness for a particular purpose for any and all materials (IE: Heatshield, and branded products
used) incorporated into the Work.
15. No Consequential Damages: Contractor shall not be liable for any special, indirect, secondary, or
consequential damages under this Agreement.
16. No Consequential Damages: In the event Brickworks causes damage to vehicles or property in or
around the area work is being performed, we reserve the right to select the vendors selected to
complete repairs needed.
17. Contractor’s Right to Termination: Contractor has the right to terminate the Contract at its
convenience at no expense to itself.
18. Customer’s Termination: If Customer terminates this Agreement for any reason other than a
material breach of this Agreement by Contractor, Owner agrees to pay for the cost of any Work
already performed by Contractor as well as Contractor’s profit and overhead for the remainder
of the Work that has not yet been performed. Owner also agrees to pay any material ordered
upon approval of the contract and/or a 30% overhead material restocking fee.
19. Attorneys’ Fees and Costs: Customer shall be liable for Contractor’s actual attorneys’ fees and
costs incurred in enforcing this Agreement.
20. Entire Agreement: This Agreement constitutes the entire Agreement between Contractor and
Customer and supersedes all prior agreements, understandings, promise, arrangements,
representations, warranties, and covenants whether oral or written.
21. Severability: Should any term or provision of this Agreement be ruled invalid or unenforceable,
the remainder of this agreement shall remain enforceable.
22. Photographic Documentation: Contractor may take photographs before, during, and after the
Work. Contractor may use any photographs it has taken for advertising and/or social media
purposes.
23. Due Authority: Contractor and Customer warrant they have the authority to enter into this
Agreement.
24. Brick & Mortar Match: Customer agrees to approve brick match prior to start of job.
Customer's approval means they cannot change their mind once brick and/or mortar match
has been approved by the customer. Mortar color is light grey unless otherwise put into
writing in the contract.
25. Customer responsible for cost of permits & city requirements. Cost will be added to the final
invoice.
26. Brickworks, a reputable chimney repair and rebuilding company, emphasizes the importance
of ensuring proper venting in flue systems following their repair or reconstruction services.
They strongly recommend engaging a licensed HVAC (Heating, Ventilation, and Air
Conditioning) company to inspect the venting system post-repair. This recommendation stems
from their commitment to safety and adherence to industry standards. By involving an HVAC
professional, customers can have peace of mind knowing that their flue system is functioning
correctly, minimizing the risk of potential hazards such as carbon monoxide leaks or inefficient
heating. This collaborative approach underscores Brickworks' dedication to delivering
comprehensive and reliable chimney repair solutions that prioritize customer safety and
satisfaction.
What to expect when you hire Brickworks
1. Expect all work to be done in accordance with what is written within the estimate that the client
has signed for approval. Anything outside of the approved estimate will be approved in a change
order at an additional cost.
2. Expect the possibility of wear and tear on grass and or any flowers/gardens. It is important to
remember that once the project begins it is considered a construction zone.
3. Expect a possibility that we may have to put some minor screws into your roof when working on
your chimney for safety purposes. We will use Solar Seal sealant to patch/repair holes upon
completion.
4. We aim to park in street for most projects, if street parking is unavailable; we will need to park
in your driveway. We are not responsible for any damage to driveway caused by parked
vehicles.
5. Due to the nature of the work being performed, you should expect debris and/or dust. We
attempt to protect surrounding areas as needed. Remember it’s a construction zone at this
point! We always clean up to the best of our abilities upon work completion.
6. *PORCH REPAIRS* Bushes need to be removed or cut back for proper working space. If this is
not done prior to when we come out to perform the work, we will have to cut them back to a
minimum shoulder width of our team.
7. EXTERIOR FOUNDATION WATERPROOFING – Expect a mound of dirt. This will settle as time goes
on and is BEST if we allow it to settle on its own. Expect damage to grass and surrounding areas
due to having to use an excavator to dig.
Foundations
Terms & Conditions & Limited Warranty – Piers and Wall repairs
Foundation work is described as installation of push piers, helical piers, helical tie backs and/or
Deadman wall anchors by Brickworks Property Restoration to attempt to stabilize by underpinning.
Terms & Conditions: Brickworks Property Restoration assumes industry standards for construction and
concrete thickness, width, strength and structural integrity of footings, slabs and walls for purpose of
this proposal. It is also assumed that the areas of concern have not been previously repaired by concrete
piers, steel piers, helical piers or any other form of piers/underpinning. If previous piers/underpinning or
is the areas do not meet standard municipal codes, the party in acceptance of this proposal may be
subject to an additional charge to properly prepare these areas for the worked quoted above.
We will practice extra care during the duration of the project. However, Brickworks Property
Restoration will not be held responsible for any of the following: shrubs, plants, landscaping, interior
damage, drywall, plaster, windows, doors, tile, carpeting, paneling, roofing systems, appliances,
plumbing of any kind, sewer, decking, concrete, sprinkler systems or repairs to sprinkler systems,
pools, air conditioners, furnaces, etc.
Brickworks Property Restoration cannot warrant cracks and/or separations in structures will close up to
original positions or elevations, unseen cracks may open up or new cracks may appear, all cosmetic
repairs made are considered maintenance items and not included in our limited warranty i.e., caulking,
sealing, tuckpointing, patchwork, concrete replacement
Foundation Piering only
Limited Warranty: The work to be performed under this agreement is warranted against all defects in
material and workmanship for 20 years from the date of work completion. This warranty may be
transferred one time only within ten years from the date of work completion. In order for such a
transfer to be valid and enforceable against Brickworks Property Restoration, you must give written
notice to Brickworks Property Restoration of the transfer within 90 days. The written notice must be
sent via certified mail and must state the address of the property, the date of transfer and the name of
the transferee.
If any downward horizontal movement occurs in the area due to severe wind, flooding, fire, vandalism,
landslide or any other acts of God or any man-made condition Brickworks Property Restoration will not
be held liable, will not provide any warranty or expense.
Brickworks Property Restoration LLC disclaims all express and implied warranties, including the implied
warranty of merchantability and fitness for a particular purpose, for all concrete and any other products
and goods used in performing the work specified, because Brickworks is not manufacturer of the
products and due to climate conditions. Materials used will be as specified, work performed will be in
accordance with drawings and specifications and completed in a substantial workmanlike manner.
Customer is entitled to redress or remedies for products and goods as provided in the manufacturer’s
warranty. Brickworks shall not be liable for any consequential, special and/or incidental damages. In
signing this Acceptance of Proposal, the customer acknowledges the above warranty disclaimer.
All coupons must be presented prior to accepting the proposal. Due to the nature of property
restoration, Brickworks will not be responsible or held liable for any unforeseen circumstances or pre-
existing defects at the jobsite.
WORK FORCE, NON-INTERFERENCE BY CLIENT
1. It is understood that all work is to be with our own work force as presently consulted. It is also
understood that we are free to choose and direct the activities of our own work force without
any interference by client, or any other groups, affiliations, or associations. Please refer all
questions to designated crew leaders, project manager or office personnel.
RECAP
1. Please understand Michigan is considered an extreme climate state. BRICKWORKS cannot be
held responsible for damage to any material that is hidden. BRICKWORKS will cut all concrete
unless customer has written directions otherwise.
2. BRICKWORKS cannot guarantee cracks or flaking but has crews trained in the best ways to
prevent this from occurring. If cracking or flaking does occur, the client has one year from
installment to make a claim in writing to BRICKWORKS.
3. Cracks must be larger than 1/8th inch and flaking must be at least 8% of any individual slab and
not caused by de-icing chemicals or excessive snow and ice build-up. BRICKWORKS must be paid
in full for warranty to be in effect. BRICKWORKS is responsible for repairing warrantied areas
only. For the warranty (if applicable) to be valid a homeowner written inspection and pictures
must be mailed to BRICKWORKS within the scheduled dates.
4. Brickworks Property Restoration is a licensed concrete and masonry maintenance and
alterations contractor License # 2102197636